Executive Employment

Executives are a unique class of employees and, as such, have been treated differently by the courts. Courts have recognized that executives are entitled to more extended notice of their termination, as the availability of comparable employment opportunities is fewer than that of regular employees.

While there is no rigid definition of what constitutes an executive, few would doubt that there is a nature and quality to their employment that makes them different. Title alone does not determine whether someone holds the status of an executive. This assessment is based on various facts and circumstances surrounding the employment relationship and the individual’s status in an organization.

Executive Compensation

Executives, while employees, are unique and often have compensation entitlements different from other types of employees. Given their status and significance to employers and their business undertakings (and contributions to profitability), it is common for executives to be granted and receive compensation entitlements such as stock options, equity grants, bonus incentives, expense accounts, and retention bonuses.

The language and drafting of the policies related to executive compensation entitlements are typically fundamental to an assessment of an executive’s entitlement generally or upon departure. While many policies purport to disentitle executives from particular aspects of their compensation upon termination, those provisions may not be enforceable in court.

More recently, it appears the courts are prepared to intervene to ensure that bonuses and other incentives are paid where appropriate, and consider a number of factors in making that determination.

Executive Employment Lawyer

If you need an executive employment lawyer, Contact Evans Law Firm today for a free no-obligation consultation with an executive employment lawyer. Sometimes time limits can bar an otherwise good claim from being advanced. Please don’t delay and contact us as soon as possible. There is no cost until we are formally retained and a written retainer agreement is in place.